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Full-Text Articles in Jurisprudence
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
On The Internet, Nobody Knows You're A Judge: Appellate Courts' Use Of Internet Materials, Coleen M. Barger
Faculty Scholarship
No abstract provided.
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Faculty Scholarship
No abstract provided.
Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale
Two Concepts Of Immortality: Reframing Public Debate On Stem-Cell Research, Frank Pasquale
Faculty Scholarship
Regenerative medicine seeks not only to cure disease, but also to arrest the aging process itself. So far, public attention to the new health care has focused on two of its methods: embryonic stem-cell research and therapeutic cloning. Since both processes manipulate embryos, they alarm those who believe life begins at conception. Such religious objections have dominated headlines on the topic, and were central to President George W. Bush's decision to restrict stem-cell research.
Although they are now politically potent, the present religious objections to regenerative medicine will soon become irrelevant. Scientists are fast developing new ways of culturing the …
Book Review, Matthew D. Adler
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Faculty Scholarship
No abstract provided.
Owen Fiss, Equality Theory, And Judicial Role, Susan P. Sturm
Owen Fiss, Equality Theory, And Judicial Role, Susan P. Sturm
Faculty Scholarship
This essay uses Owen Fiss’ treatment of equality doctrine in “Groups and the Equal Protection Clause” to demonstrate the influence of judicial role conceptions on equality jurisprudence. Fiss’ conception of the judiciary’s role in elaborating and enforcing public norms profoundly shapes his articulation of the anti-subordination principle. More specifically, Fiss looks to the federal judiciary unilaterally to declare public law truths and to impose those truths on noncompliant bureaucrats. This static, almost imperial role places great pressure on the judiciary to adopt unitary equality norms that can be implemented, at least in theory, through top-down imposition. Fiss’ commitment to a …